Sāmoa Deputy PM loses seat over $91 vote bribe

Sāmoa’s Electoral Court has unseated Deputy Prime Minister Toelupe Poumulinuku Onesemo after finding he was connected to a ST$150 (NZ$91) payment made to a voter to influence the 2025 general election.

Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke delivered the judgement on 24 March, declaring the Falealili I election void under the Electoral Act 2019, ending Toelupe's tenure as the district's MP.

Under the law, a by-election must be held when the Head of State issues a writ, usually within three months of the vacancy.

The court found that Leapaga Petelo gave ST$150 (NZ$91) to voter Malili Nofovaega late on the night before polling, telling him “tautuana lau palota” - secure your vote.

Court documents show Petelo acted as an agent of the Deputy Prime Minister, based on his campaign contacts, links to committee members, and arrival in a car owned by a member of his campaign committee.

The court said it was satisfied the payment was made with the intention of influencing the voter, crossing the line from customary conduct into bribery under the Electoral Act.

Deputy Prime Minister Toelupe Poumulinuku Onesemo is a senior member of the FAST party. Photo/Parliament of Sāmoa

“Elections must be free and fair and even small bribes will erode trust in democratic institutions," the judgment states. The bench also affirmed that “no one is above the law”.

Toelupe did not call evidence or cross-examine witnesses. The court found the testimony of Nofovaega, his wife Seu, and witness Leapagatele Alema to be credible and reliable.

The petition was filed by Human Rights Protection Party (HRPP) candidate Tuiloma Tusa Laniselota Lameko following the 29 August 2025 election.

HRPP leader Tuilaepa Sailele Malielegaoi says the ruling shows “justice has prevailed". Photo/Parliament of Sāmoa

HRPP leader Tuilaepa Sailele Malielegaoi welcomed the ruling. “We acknowledge and appreciate the courts and that justice has prevailed. It is a good day,” he told PMN News.

The case proceeded despite an earlier attempt by both Toelupe and Tuiloma to withdraw their petitions in October, citing a desire for peace in the constituency.

The court rejected that application in December, ruling that the allegations “must be heard so that the truth may be determined.”

Alongside the main ruling on Tuesday, the court recorded evidence of an alleged ST$100,000 (NZ$63,000) payment linked to the attempted withdrawal.

Supported by an audio recording, the court directed the Registrar to refer the matter to the Attorney General’s Office for review.

Because the Attorney General appeared as counsel for Toelupe during the case, the court said steps would be needed to manage any conflict of interest. The current Attorney-General is Mauga Precious Chang, who was sworn in last month.

(L-R) Attorney-General Mauga Precious Chang and Speaker of the Legislative Assembly Auapaau Mulipola Aloitafua. The court directed the Registrar to refer evidence of an alleged ST$100,000 payment to the AG's office, and will report its finding to the Speaker. Photo/Government of Sāmoa

The ruling also described the unusual circumstances during the case, including the absence of most subpoenaed witnesses and allegations of witness interference.

HRPP leader Tuilaepa said the case highlighted a wider problem: vote-buying.

“It is now overwhelming, where votes are being bought by people who have the resources. It’s dirty, and it’s breaking the law,” he said.

The by-election will reduce the ruling Faatuatua i le Atua Sāmoa ua Tasi (FAST) party’s seats in parliament from 32 to 31 of 51, though the government’s majority remains intact.

Eight election petitions were filed in September 2025: four by HRPP, three by FAST, and one by an independent candidate. Four were withdrawn while the remaining cases led to two MPs losing their seats, including Cabinet Minister Seve Te’i Fuimaono from Safata I and now Deputy PM Toelupe.

Watch (Sāmoan) footage from outside Sāmoa's Courthouse at Mulinuu after the ruling was announced:

The court has asked the amicus curiae, an independent expert party, to return on 25 March to address potential contempt issues.

PMN News has sought comment from the FAST party secretariat, the Office of the Prime Minister and the Attorney-General’s office. The Deputy Prime Minister could not be reached for comment.